COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

CHAPTER 1 INTRODUCTION A. Context of Study Intellectual Property Rights is the legal instruments which is giving rights protection against person because of the creativity result and the form of intellectual work and give rights to the rights possessor to gain profit from that rights. Those intellectual property can be in the formed of art, literature, trademark, technology, dramatically, broadcasting, computer program, etc. By the intellectual property rights, the rights possessor have rights to use, to multiplicities, to publish, to give permission to others party for enjoy that certain rights by license or transferring and to prohibit other party to use, to multiplicities, and to publish it. In the international society practices, intellectual property rights is one of the essential issues which must be concerned by the developed and developing state in the trading or other economic relationship. More, globalization which is really identical with the free market, free competition, and transparency can give big effect towards the intellectual property rights for Indonesia. These kinds of situation can be the obstacle of Indonesia in order to give protection and to make the investor come to Indonesia. The cooperation in legal scope between ASEAN members actually should be the consequences from the improvement of cooperation intensity in economy, social, and culture which is stated on Bangkok Declaration in 1967 stated that: to promote regional peace and stability through abiding respect for justice and rule of law in the relationship among countries of the region and the adherence to the principle of the UN Charter. The hottest current issues such as Kecak Dance, Batik, Reog Ponorogo, and others cases are the reality which is faced by Indonesia and Malaysia. Therefore, As a neighborhood and on the same clumps, Indonesia and Malaysia also must harmonize the legal protection of Intellectual property rights. Indonesia and Malaysia can not avoid it. It happens because intellectual property rights is really essential matter and become issue which can give effect to the social, politic, and international economy.

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

As the writer in this paper, I would analyze the comparison of intellectual property rights between Indonesia Malaysia especially n Copy Rights, Tade Mark, and Patent. I also write the broader explanation regarding to the definitions, legal basics and details explanation which is supporting this paper. This paper is made to fulfill the requirement of conversion from the student exchange program between Islamic University of Indonesia and International Islamic University of Malaysia in the period of 2009/2010. Hopefully, this paper also gives us the guidance to know more deeply about the intellectual property rights. B. Statement of Problems 1. How is the comparison of Copyrights between Indonesia and Malaysia? 2. How is the comparison of Trade Marks between Indonesia and Malaysia? 3. How is the comparison of Patent between Indonesia and Malaysia? C. Objective of Study 1. To know and to understand the comparison of Copyrights between Indonesia and Malaysia. 2. To know and to understand the comparison of Trade Marks between Indonesia and Malaysia. 3. To know and to understand the comparison of Patent between Indonesia and Malaysia.

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

CHAPTER II ANALYSIS General Regulation of Intellectual Property Rights:

STATE 1.

NATIONAL

INTERNATIONAL

LEGISLATIONS CONVENTION COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND INDONESIA Patent: 1.UU No 6 years 1989 COPY RIGHTS, TRADE MARK, AND PATENT1934 1. Act of London, MALAYSIA: 2.PP no.32 year 1991 about Import which is protected under patent for domestic medicine. 3.PP no.33/1991 about specific registration consultant. 4.PP no 34 year 1991 about procedure for patent request. Trademark: Undang-undang no 19 year 1992 about Brand for patent Convention of Paris for Protection of Industrial Property of Industrial Property on 14th March 1883, revised at Brussels on 14th December, 1900 at Washington on 2nd June 1911, at the Hague on 6th November 1925 at London on 2nd June 1934. (Ratification on 5 August 1948) 2. Paris Convention for the

Protection of industrial Property 20 March 1883, and it is changed until several times, last changed on 14th July 1967 at Stockholm. 3. Convention Establishing the

Copyrights: 1.UU no 7 year 1987 about changed of UU no.6 year 1982 about copy rights. 2.PP no 14 year 1986 about Copy Rights Councils

World

Intellectual

Property

Organization, which is signed at Stockholm on 14 July 197 (WIPO) KEPPRES no.24/1979, on 10th May 1979.

3.PP no 1 year 1989 about 4. Hague Agreement Concerning the Translation improvement. 2. MALAYSIA Patent 1.Patents Act 1983 (Act 291) 1st October 1986. 2.Patents (amendment) act 1986 3. Paten Regulations, 1986 Brand 1. Paris Convention of for the Protection Industrial Creation for International Deposit of Industrial Designs, 6th November 1925. education science, and other

Property, March 20th 1983. 4 2. Convention Establishment the World Intellectual Property

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

From the table above, we can conclude that both of Malaysia and Indonesia already showed their effort to adapt their national legislations with the international convention by: 1. Malaysia changed Copyrights Act year 1969 with Copyrights Act number 1987 Act number 332 and Copyrights (Amendment) Act year 1990 number 775. 2. Indonesia changed Act number 6 year 1982 with Act number 7 year 1987.

1.Comparison of Copyrights between Indonesia and Malaysia Creation which is protected 1. Indonesia Creation which is protected is creation in the science, art, and literature, such as: (a) Books, pamphlet, and other all of written work. (b) Speech, lecturing, etc. (c) Performance such as music, ballet, dance, drama, puppet (wayang), pantomime, etc. (d) Choreography, music or song creation whether only instrument and or with lyrics. (e) Painting art (f) Batik arts (g) Architecture (h) Map (i) Cinematography (j) Photography (k) Computer program (l) Translation, explanation of passages, interpretation. 2. Malaysia (1) Literature: (a) novel, story, book, pamphlet, work draft, poetry, other written work 5

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(b) Games,

drama,

performance,

film

scenario,

dance,

broadcasting,

pantomime. (c) History, biography, essay, article. (d) Encyclopedia, dictionary, reference work. (e) Lecturing, speech (f) Table, words compilation, frames (visual and non-visual) (g) Computer program (2) art work: (a) painting, picture, wooden art, etc (b) map planning, diagram, illustration, sketch (c) sculptor art (d) architecture (e) photograph (f) industry and art handicraft work (3) (4) (5) (6) (7) (8) (9) Music Art: Film Sound Record Broad Cast Governance work Literature, music works which is published Government or international organization work. Every art work with the composition

From those explanation above, we can know that Malaysia divide (into literature, art work, and music art) the copy rights more details than Indonesia. For example: Indonesia gives copy rights to the painting art, but there are no detail about what kinds of painting art. In other hands, Malaysia give details explanation and example about the art work. More, Malaysia not just gives protection to the art work or literature but also to protect the governance work and games. B. Period of Protection

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

1.

Indonesia (a) copy right valid for long lasting and can be continued 50 years

after the creator pass away against the creation, such as: (1) Book, pamphlet, and other written work (2) Choreography (3) l of art work such as painting work, sculptor. (4) Batik arts (5) Song creation or music with text or just instrument (6) architecture (b) copy rights valid for 50 years since the first time which is published: (1) performance (2) map (3) sound (4) translation (5) speech, lecturing. (c) copy rights valid for 25 years since the first time which is published: (1) photograph work (2) computer program (3) adaptation 2. Malaysia (1) Literature and music work: (a) copy right valid for long lasting and can be continued 50 years after the creator pass away (b) if it is not published the creator pass away, the copy rights valid for 50 years since the first time which is published (c) anonym, copy rights valid for 50 years from the beginning calendar of the first publishing. (2) Art work

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(a) photograph until 50 years from the first calendar which is published (b) architecture, art work, and literature work (3) film, sound record, edition, publication, governance work, international institution work; copyrights valid for 50 years from first time is published. (4) broadcasting: copyrights valid for 50 years from first time is made. From those explanation above, we can know that Malaysia give a longer period of paragraph for 50 years since the first publishing while Indonesia just give 25 years. More, Indonesia does not regulate about anonym while Malaysia govern about it. C. (1) Indonesia (a) Notice and multiplication of state symbol and original of national song (b) Notice or multiplication from something which is published by and on behalf of government. (c) Take a whole or part of news in television, press, or mass media which is published 1x24 hours by attaching the complete source. (d) Quotation and taking the copyrights of person by explained the complete source: (1) Maximum 10% from the total of creation. (2) A part or whole for the needs of defense in the court proceeding, speech, performance which is for free (nonprofit) (e) Payment of creation in the Braille words (f) Photocopy of public library, documentation center, science institution which is non-commercial. (g) The changes which is based on architecture art (h) Translation and multiplication of education interest, science, and research (i) Creation which is contradicted with the government policy in security and defense sector, social, and public order Restriction of Copy Rights

Something which is not considered as copy rights violation, such as:

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(j) Notice in radio broadcasting or television which is done by the government for the national interest. (k) Notice and multiplication photo for the public security and or for the criminal justice. 2. Malaysia Something which is not considered as copy rights violation, such as: (a) Literature (1) Non-profit research, personal teaching, report for critics, but if that creation is used generally must be published the title and the author. (2) Which is expressed in the parody or caricature (3) Attachment work in the broadcasting, public communication, sound record or film, if the attachment is made by explain the sources and the author (4) Record which is made in the school, university, or education institution from work which is made by them. (5) Reading or story in front of the public by someone which explain the author. (6) The using of creation based on the order of government for the public interest (7) Reproduction for certain purpose on behalf of government (8) Reproduction of press or public communication which is published for the public information. (9) Broadcasting for public which is voluntarily (non-profit) (10) Using work for the court proceeding or legal practices (11) Quote a creation from newspaper or magazines by attached the sources and author. (12) Making back up from computer program by and on behalf of the owner of the copyrights where that back up is made and do not contradicted with the computer program. (b) Art Work

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(c) Music work, film, sound record (d) Broadcasting (1) Non-profit research, personal teaching, report for critics, but if that creation is used generally must be published the title and the author; if that creation is a part of broadcasting. (2) Record which is made at the school, university, or education institution from the creation which is a part of that school or education institution. (3) Record or publication by someone (4) Reproduction of press or public communication which is published for the public information. (e) Publication edition (f) Government work and or government organization work. D. Criminal sanction Indonesia (b) by intention and without rights publish or multiplicities a creation is threaten by imprisonment for 7 years and or fine 100 millions rupiah. (c) By intention publish or sell to public the creation which is the violation of copy rights, is threaten by criminal sanction for 5 years and or fine Rp 50 millions. (d) Breach article 16 (creation which is contradicted with the government policy in security state and defense, social, public order) is threaten by imprisonment for 3 years and or fine Rp 25 millions. (e) Breach article 18 (multiplication and publication of photograph) which is threaten by imprisonment for 2 years and or fine 15 millions. 2.Malaysia (a) - produce in material forms, publish to public in the whole or part of the original; - import goods to Malaysia for trading and financial benefits.

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(b) Indirect violation: 1. 2. 3. 4. 5. 6. 7. copy rights 8. Cause the certain work become public work. Those kinds of violation above is threaten by criminal sanction and can be applied by trade and industry minister, indirect violation is threaten by fine maximally $10.000 or imprisonment maximally 5 years or both of them for each violation, fine maximum $20.000 for each violation of copy rights, or imprisonment 10 years or both of them. In the violation of piracy authorization which is used or violate the copy rights, is threaten fine maximally $20.000 and or imprisonment 10 years, threat by fine maximally $40.000 for each case and or imprisonment 20 years. From those explanations above, we can know that Malaysias criminal sanction of copyrights is bigger than Indonesia. I think, it will give deterrent effect to the actors. More, the less or little sanction will make the violator did those violations more and more because the profit is bigger than the sanction itself. sell or rent copy of piracy sell, publish , order to be sold or rent of the piracy copy. Distribute the piracy copy Authorize the piracy copy Sell and order to public for the piracy copy. Import to Malaysia, except to be used personally and Make or authorize record or to be used for the violation of

domestic for each copy which is made in Malaysia from the piracy copy

2. Comparison of Trade Marks between Indonesia and Malaysia

A. Regulations NO. STATE 1. INDONESIA 2. MALAYSIA LEGISLATIONS Act number 19 years 1992 Trade Marks Act 1976 Trade Marks Regulation 1983 The Merchandise Marks Ordinance 1959 VALIDITY 1st March 1993 1st September 1983

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(Number 10 years 1950) B. Marks 1. Indonesia Based on Act number 19 year 1992, marks is in the form of picture, word, number, color mixture, or combination of that substances which has difference and is used in the trade of good and service. 2. Malaysia Marks based on Trade marks act 1976 include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or combination thereof. From those explanations above, we can know that Indonesia defines the marks quite general. But, in Malaysia the trademarks also include ticket, name, and also signature. C. Request for Trademark Registration and the validity 1. Indonesia After the trademark office had done the examination of registration requirements and presumes that the applicant already fulfilled it, so maximally 14 days after the registration request, notice that registration request for 6 months by: (a)Put the notice board which is specialized provide to be recognized by the published (b) Put in the trademark official report which is published periodically by the trademark office. During this period until the notice and there are no objection, trademark office will make substantive examination towards trademark registration request. The examination will be finished maximally 9 months since: the last date of notice, the last date of objection. In order to grant the request, the trademark office will: (c) register that trademark on trademark general list (d) give the information of request grant to the applicant (e) give trademark certificates (f) publish the registration on trademark official report

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

The trademark certificate is given to person or legal institution which requested maximally 30 days since the trademark date on the list of trademark public list. Based on article 7 Act number 19 years 1992, the validity of marks in Indonesia is 10 years and after that can be extension based on the regulation. The extension has same period (article 36 verse 1) and must be requested by the applicant written in the period not more than twelve months and at least 6 months before the expired. 2. Malaysia Every person has rights to submit the trade mark request to be registered in the official for A list or B list. The registration office can reject or accept the request. If the applicant object with that authority, they can appeal to the court. The trade mark which already agreed to be registered and advertised. Every person can object towards that trade mark by written. After that advertisement, there are 3 possibilities for the registration office: reject that registration request, accept the whole registration, and accept the registration by requirements. The validity of marks in Malaysia is 7 years and after that can be extension based on the regulation. From those explanations above, we can know that the validity of marks in Indonesia is 10 years and after that can be extension based on the regulation. It is longer than Malaysia which just give 7 years although also can be extension based on the regulation. D. Trademarks which can not be registered or refused 1. refused, such as: (a) trademark which is contained of one of substances as follows: (1) violate the norms and public order which is included by the using of the religious symbol like Allah and the Prophets. (2) Has no different Indonesia Based on Act number 1 year 1992, Trademarks which can not be registered or

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

(3) Related to the goods or services this is requested for the registration. For example the words coffee or coffee picture for coffee product. (4) Already owned by the public. For example: the symbol of cross in skeleton which describe a danger situation. (b) The trademarks which the request is rejected by the trademark registration office if it is contained as follows: (1) has similarities as a part or whole of others trademark which already registered previously (2) Similar to popular person, photos, trademark, or legal institution which is owned by other person which already popular except based on the written permission of the authorized party. (3) similar to the name, flag, symbol, or emblem, from state, national or international organization except based on the written permission of the authorized party. (4) The imitation or similar to symbol or official emblem except based on the written consent of the authorized party. (5) Similar to the others creation which is protected by the copy rights possessor. 2. Malaysia Part or whole of the trademark can not be registered if: (a) the using can appear the mystifying the society or violate the law (c) Contains scandalous words The Registration office will reject the trademark registration request which contained patent, patented, by royal letters patent, registered, registered design, and copyright or other words which has same meaning although it is formed in other languages and also if that trademark is violated by the minister based on Trade Marks Act 1976.

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

If person use the name of other person as trademarks, although he or she still life or pass away, that person must get consent to the person whose the name is used or the heirs. From those explanations above, we can know that Malaysia give more details requirements for something which can not be registered than Indonesia. In Malaysia, some words which tends to scandalous is forbidden and some words contained patent, patented, by royal letters patent, registered, registered design, and copyright or other words which has same meaning although it is formed in other languages also can not be registered. But in Indonesia, it just prohibit soothing which is similar or already used by others. E. Trademarks License 1. Indonesia The possessor of registered trademarks can give license to others person by agreement for a part or whole of the products. The licensor still can use by themselves or give the license to the third party to use that brand. To avoid the license agreement which is violated by the law or can give damage to the parties and disturb the national economy, every license agreement must be listed by The Trademarks office on Trademark General Registration (Kantor Merek dalam Daftar Umum Merek) and is published on Trademark Official Reports (Berita Resmi Merek) 2.Malaysia In Malaysia, the trademarks license is supervised through registration procedural of each trademarks use which is permitted by registered user laws in article 48-54 Trade Marks Act 1976. Both of the parties (licensor and licensee) submit the written registration request together to the registration office (regional trademark registration office). The registration office will examine the material and substance of supervision rights of products quality by the licensor. The registration office also guarantees that the agreement does not violate the public policy or regulation. Actually, the license registration is not essential factor for the validity but just for the licensor interest. It happens because based on Trade Marks Act 1976, the registration trademarks using is presumed that the trademark is used by registered trade marks proprietor.

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

3. Comparison of Patent between Indonesia and Malaysia

A. Regulations NO. STATE 1. INDONESIA 2. MALAYSIA B. 1.Indonesia Based on article 2 Act number 6 years 1989, patent will be given as follows: (a) novelty Novelty does not recognize new if that invention is already published in Indonesia or outside of Indonesia. (b) inventive step If that invention for person who has general skill about technique is something which can not be presumed before (c) industrial applicability If that invention can be produced or can be used in industrial. (article 6 At number 9 years 1989) 2.Malaysia (a) novelty Something is recognized as new if than invention can not e used as prior art. Prior art contains all of the things which is published everywhere in the world or in Malaysia by written, or oral, using. (Act, section 14 (1) and (2) (b) inventive step Something will be recognized as inventive step by concerned on prior art based on patent request, can not be presumed before by other people who has general skill in science. (c) industrial applicability If that invention can be produced or can be used in industrial. (act, section 15) LEGISLATIONS Act number 6 years 1989 Patents Act 1983 section 11 Characteristics of patent which is protected

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

From those explanations above, we can know that the characteristic of Patent which is protected in Indonesia and Malaysia is quite similar. It is divided into: novelty, inventive step, and industrial applicability. C. Invention which patent can not be given

1. Indonesia Based on article 7 Act number 6 years 1989 is stated that patent can not be given for: a. Invention about process or production result which is published and the implementation is contradicted with the regulation, norms, and public order. b. Invention about process or food and drink production result, include chemical process for human being or animal consumption. c. Invention about variety of new plants or animal d. Invention about examination, caring, medication e. Theory and methods in science and mathematics 2. Malaysia Based on the Patent Act, 1983 there something which can not be given of patent, such as: science and mathematics theory variety of plants and animal planning, rules, or method which is made for business or game. diagnosis method towards human and animal From those explanations above, we can know that the invention which patent can not be given in Indonesia and Malaysia is quite similar. It is divided into: invention of science and mathematics theory, variety of plants and animal, and medication or diagnosis method.

D.

Period and Protection of Patent

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

1. Indonesia Patent is given for 14 years after the date of acceptance. The starting and finishing of patent period will be registered on the patent general list and published on patent official report. Simple patent can be given for five years. Article 19 determine that the managing of patent or license obligate to pay the protection fee periodically every year. 2. Malaysia Patent is given for 15 years after the date of acceptance (Act, section 35 (1)). The protection fee annually must be paid on the 12th months in the second years after the patent is given. The extension is 6 months and can be added with the obligation to pay the additional fee (Act, section 35 (2)). E. Authorized Institution for Registration 1.Indonesia In Indonesia, the registration is done by the trade mark, patent, and copy rights general directorate which under the Ministry of Justice in Republic of Indonesia. 2.Malaysia The registration can be submitted towards registry of trade marks and patents, ministry of trade and industry which is located on Jalan Duta, block 10, Kuala Lumpur.

CHAPTER III

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

CONCLUSION
Based on some analysis above we can conclude that both of Indonesia and Malaysia give protection for the intellectual property rights which is contained of copy rights, patent, and trade mark protection. Both of the states also ratify some international covenant to make sure their consistence in the intellectual property rights protection. Most of the protection actually same which is included of literature, art work, performance, music, government work, etc. But there is still some different thing which is not protected in Indonesia but it is protected in Malaysia, vice versa. Personally, I think Malaysia govern more details the characteristic and specification of the intellectual property rights than Indonesia. It is good because more details acts will minimize the multi interpretation or misconception. The interesting point here is the criminal sanction which is given for the person who violates the regulations in Indonesia is lighter than the Malaysia. Take an example: a copy rights violation which is done by intention and without rights publish or multiplicities a creation in Indonesia is threaten by imprisonment for 7 years and or fine 100 millions rupiah. In the other hand, in Malaysia, that offence is threaten by fine maximum $20.000 for each violation of copy rights, or imprisonment 10 years or both of them. In my opinion, sanction can give influence to those actions. A heavy sanction will give more deterrent effect to the accused. In the other hand, a light or soft sanction will make the accused does not afraid. More, the accused will think that the probability to get the benefits on financial is bigger that the sanction. So, the accused could think that it does not matter to do such a criminal sanction or violation towards intellectual property rights. However, the legal enforcement of those acts is the most important par. Then, the validity of marks in Indonesia is longer than Malaysia. The validity of marks in Malaysia is 7 years and after that can be extension based on the regulation. While based on article 7 Act number 19 years 1992, the validity of marks in Indonesia is 10 years and after that can be extension based on the regulation. As a neighborhood and on the same clumps, Indonesia and Malaysia must harmonize the legal protection of Intellectual property rights. However, it is difficult to be 19

COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

applied. It happens because Indonesia and Malaysia still face so many problems related to the Intellectual Property Rights which become a current issue nowadays. These problems appear because (a) there is different legal system. As we know that Malaysia follow common law system and Indonesia follow Civil system based on their historical legal background. (b) the scope of protection which is different between the states. For example: In Indonesia, the agricultural and food is not included of patent protection. But in Malaysia, there is no limitation as long as that invention already registered in British, it can be registered in Malaysia for three years. Last but not least, those kinds of regulation are depending on the enforcement and the strict implementation of that. A good regulation will be useless if there is no enforcement upon it.

REFERENCES

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COMPARISON OF INTELLECTUAL PROPERTY RIGHTS BETWEEN INDONESIA AND MALAYSIA: COPY RIGHTS, TRADE MARK, AND PATENT

Prof. Ida Madieha A. Ghani Azmi. The power point from the subject of introduction to copyrights and design right lecture in International Islamic University of Malaysia, 2010. Usman, Rachmadi Usman. 2003. Hukum Hak Atas Kekayaan Intelektual Perlindungan dan Dimensi Hukum di Indonesia. Bandung: Alumni. Soenandar, Taryana. 2007. Perlindungan HAKI di Negara-Negara ASEAN. Jakarta: Sinar Grafika.

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